Megan K. Smith
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Megan K. Smith is an experienced trial lawyer. She represents companies and individuals in business disputes, protecting and asserting intellectual property, employment investigations and litigation, and criminal and regulatory investigations.
Megan immerses herself in her clients’ businesses and works hard and smart to achieve their goals. Her clients include leading entertainment, sports, media, fashion, energy, hospitality, real estate, tech, and life sciences companies.
Megan’s varied experience includes more than ten trials and many more high-stakes litigations that have been resolved before trial or after an appeal. She tailors her advice and advocacy to each particular case and audience to deliver the best results for her clients, often resolving disputes before litigation is filed or outside the courtroom.
In addition to her regular practice, Megan works with the firm’s pro bono committee and has represented pro bono clients at the trial and appellate levels.
Megan is the chair of the Century City office’s Women’s Employee Network and a member of the firm’s Community Involvement Committee. She began her practice in O’Melveny’s New York office. Before returning to the firm in Century City, she clerked for a federal district court judge.
Honors & Awards
- Named to the 40 & Under Hot List in Commercial and Intellectual Property by Benchmark Litigation (2022)
- New York
- US District Court for the Southern District of New York, Central District of California, Eastern District of California and Western District of Michigan
- US Court of Appeals, Third Circuit
- New York University School of Law, J.D.: Managing Editor, New York University Journal of Legislation and Public Policy; Teaching Assistant, Civil Procedure
- Duke University, B.A., History
- Hon. Aleta A. Trauger, US District Court, Middle District of Tennessee
- Federal Bar Association
- “Stars, Paparazzi, and the Puzzling Law of Copyrights,” IPWatchdog (November 22, 2021) (with David Marroso)
Complex Commercial Litigation
- Defended book publisher Penguin Random House at trial against antitrust claims filed by the Department of Justice in connection with the Penguin Random House and Simon & Schuster merger
- Represented Tesla in several administrative law forums across the country in actions regarding its right to sell its vehicles directly to consumers under state constitutions
- Defended a real estate company and owner of a five-star hotel against trade secret and breach of contract claims
- Successfully defended a Fortune 500 company against false claims act and unfair competition claims
- Defended owner of online magazine against American with Disabilities Act claims tied to website accessibility matters
- Advised a Fortune 500 pharmaceutical company regarding prosecution of a civil racketeering and conspiracy action
- Defended a large private equity firm against withdrawal liability ERISA claims
- Successfully obtained dismissal for a private equity company against breach of contract claims in New York Supreme Court
Entertainment, Sports, and Media
- Representing the owner and Chairman of the Baltimore Orioles in a trust and estates dispute regarding ownership of the Club
- Represented the owner of the historic Forum sports and concert arena in a contractual fraud litigation that ended in a $400 million sale of the Forum to Steve Ballmer
- Defended Top Rank and a professional boxer at arbitration in a breach of contract dispute
- Represented professional boxer in breach of contract and tort dispute
- Represented professional sports agent in dispute with major league sports players’ association
- Represented major league sports team in employment investigation
- Representing a brand owner and licensor in a breach of contract and trademark infringement case against its licensee
- Defending a fast fashion brand from Lanham Act claims asserted by sports retailer
- Defended land development company Lennar Corp. at trial against trademark infringement and unfair competition claims related to its specialized home product
- Defended sbe, a hotel management, real estate, and entertainment company, and hotelier Sam Nazarian against trademark claims related to their luxury hotel brand
- Defended a subsidiary of publicly traded pharmaceuticals company in state and federal multidistrict litigation related to products liability litigation
- Defended a fashion company and its chief executive against intellectual property and breach of contract claims
- Defended Live Nation Entertainment, Inc. against trademark infringement claims related to its iconic music festival
- Defended a major international apparel and accessories retailer in a highly publicized trademark infringement trial in the Southern District of New York
- Advised for-profit educational collective on various trademark matters
- Advised documentary filmmaker on intellectual property matters